Brian S. Peskin Charged with Deception

Stephen Barrett, M.D.

Bryan Scott Peskin, of Houston Texas, has promoted three herbal
products (Basic Essence, Mineral Essence, and Herbal
Essence) with claims that they can eliminate food cravings,
produce permanent weight loss, boost the immune system, increase
energy levels and endurance, eliminate cellulite, maximize heart
health, reduce the risk of cancer, lower blood pressure and cholesterol,
help achieve peak health, and help control blood sugar / diabetes.
The products—marketed by Maximum Efficiency Products as part
of the Radiant Health Program—are said to be based on the concepts
in Peskin's book Radiant Health: Moving Beyond the Zone. [1]
Peskin's Web site has stated that the book is "the key to
radiant health" and provides "a system of nutrition
that will give you permanent weight loss, boundless energy, improved
concentration and the maximum shield against disease." [2]
According to two Web sites that market the Radiant Health products:

Brian Peskin is recognized as a world leading pioneer in transforming
Nobel Prize winning research into practical solutions for quantum
nutrition, peak personal performance, and radiant health.
Professor Peskin, an M.I.T. - degreed scientist, has combined
the understanding of metabolism, fat-loss, and immunity to disease
into practical and understandable terms.

. . . . Brian Peskin is one of the world's leading authorities
in Life-Systems Engineering, earning his degree from M.I.T. Life-Systems
Engineering is founded on hard science and its focus is explaining
real-life results.

Life-Systems Engineering is technically defined as the brand
new science of producing desired results by working cooperatively
with the natural processes of living things.

Brian and his Life-Systems team have discovered the solution
to getting into the "zone," and keeping you there with
no dieting, calorie counting, or special exercise. . . .

Beyond The Zone took over 5000 hours of research and summarizes
the results of over 3500 medical text books and scientific research
studies and has been recognized by members of the medical community
as being "one of the most significant works on diet and
nutrition published in the last 100 years."

Brian has developed, originally for his own personal use,
the only three nutritional supplements our bodies require. Each
is based on what "Mother Nature" designed us to eat
everyday, before modern-day commercial food processing chemically
distorted them or removed them from our diets.

Professor Peskin has been interviewed literally hundreds of
times for radio and television and is a frequent guest on local,
regional, and national radio and TV programs. He is the chief
consulting scientist to Maximum Efficiency Products, a leading
manufacturer of health enhancing products including the three
Radiant Health products [3].

The Radiant Health Program, which sold for about $150, included
audiotapes, a videotape, a copy of the book, and a one month supply
of the products. The products alone retailed for $77 for a 1-month
supply and $780 for a 1-year supply.

In March 2002, the Texas Commissioner of Health ordered the
defendants to recall all Radiant Health "Herbal Essence"
products that had been commerically distributed. The recall was
ordered because of safety concerns about the manufacturing process
[4].

In April 2002, the Attorney General
of Texas charged Peskin, Maximum Efficiency, and the parent company
(Perkins Management Company) with making misleading claims
about the products and Peskin's credentials. The government's
complaint charged Peskin and the company with making false claims
that he held a Ph.D degree, was a research scientist, and was
a professor at Texas Southern University [4]. The complaint also
noted that the company had not registered with the FDA or obtained
a Texas manufacturing license as required by law. Peskin quickly
agreed to a temporary injunction
that prohibits these claims and bars the defendants from making
unsubstantiated claims that their products will protect against
heart disease; reduce the risk of breast, prostate, and other
cancers; eliminate varicose veins; lower blood pressure; lower
cholesterol; eliminate cellulite; prevent diabetes; manage ADD;
help children or other persons with ADD, ADHD, or hyperactivity;
make children smarter; or cure constipation [5]. In January 2003,
the county judge issued a permanent injunction ordering Peskin
and his company to pay $100,000 in fines and costs and prohibiting
them from:

Making unsubstantiated claims that their products will (a)
protect against heart disease; (b) reduce the risk of breast,
prostate and other cancers; (c) eliminate varicose veins; (d)
lower blood pressure; (e) lower cholesterol; (f) eliminate cellulite;
(g) prevent diabetes; (h) manage ADD; (i) help children or other
persons with ADD, ADHD, or hyperactivity; (j) be safe for infants,
toddlers, or pregnant or nursing mothers; (k) make children smarter;
(l) cure constipation; and (m) any other express or implied health
or disease claim which bas not been substantiated by Defendants
and approved by the FDA or satisfies the requirements of §
403(r)(6) of the Federal Food, Drug & Cosmetic Act.

Providing or discussing any general nutritional information
or theories in connection with the advertising of any particular
brand of nutritional supplement.

Using any vignette or symbol, including the "heart smart"
vignette, on the labeling of any food or drug product advertised,
manufactured, processed, sold, or distributed which makes any
health or disease claim that has not been validated and approved
by the FDA;

Representing, in any labeling or advertising that food products
will mitigate, treat, cure, or prevent specific classes of diseases,
as well as performing any role in the human body's response to
a disease.

Exaggerating Peskin's credentials, education, background
or expertise by stating that he (a) is the "Holder [of the]
Emeritus Life-Systems Engineering Chair, College of Pharmacy
and Health Sciences, Texas Southern University" or (b) is
a doctor, professor or holder of a Ph.D.

Using Peskin's book Radiant Health—Beyond the Zone
to help market Herbal Essence, Mineral Essence, or Basic
Essence [6].

Peskin, a former employee, and Yes Supplements are facing a
private lawsuit charging
them with fraud, conversion (theft), business disparagement, tortuous
interference, breach of fiduciary duty, and breach of contract
in connection with unauthorized use of a client list to market
supplements. The judge has issued a restraining order [7].